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Modify shall not exceed the scope of the invention patent applications \

Author: DaiLei
Tutor: ZhuLingZuo
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Invention patent applications File modification Beyond the scope of
CLC: D923.42
Type: Master's thesis
Year: 2010
Downloads: 92
Quote: 0
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Abstract


According to China's patent law, applications for invention patents need to carry out substantive examination to determine whether it should be granted a patent right. In the course of substantive examination, the examiner pointed out that the application failed to meet the relevant provisions of the defects of the Patent Law and its Implementing Rules, the applicant will usually apply for the files modified to overcome these shortcomings. However, in modifying the application documents, the applicant can not arbitrarily be modified, should follow certain principles, and to modify certain conditions and within. This principle is that the two provisions of Article 33 of the Patent Law to modify \Which involves an important question, namely how to determine the amendment to the application is beyond the scope of the original application documentation. Which is the core of the examiner and the applicant disputes, not only related to the direct interests of the applicant, but also involves the accuracy of administrative examination and approval results in the Patent Office, will have a profound impact on the economic activities of the public, it is essential to application file modification shall not be beyond the scope of criteria in-depth discussion. China's invention patent application files to modify the laws and regulations and practices were analyzed and compared with similar laws and regulations of the major countries of the world, put forward several suggestions of how to review the amendment to the application of invention patents, in order to further improve the existing Faculty of Law, to better achieve the legislative purpose of the patent law, to protect the interests of the parties, encouraging invention and creation. This article is divided into three parts of the introduction, body and conclusion. The preface introduces the origin of this study, research ideas and research methods. The text is divided into four chapters: Chapter 1, the invention patent application to modify an overview. The author first expounded China's patent laws and regulations on the meaning of \Instructions and then, whether the applicant is an invention patent application what changes should follow the principle of modified, ie, the modification shall not exceed the scope of the original description and the claims recorded in the book \recorded in the range, and modified beyond the scope of \, The author a brief analysis of an application for a patent for invention to modify beyond the scope of the legal consequences of, and summarizes the author's point of view. Chapter II, the United States, Europe, Japan and modify shall not exceed the scope of \This chapter consists of three parts. In the first part, first of China's patent laws and regulations do not describe the invention patent application \purpose of analysis, I believe that our country should be described in the patent laws and regulations, an application for a patent for invention to modify shall not be beyond the scope of the legislative purpose to provide a legal basis for the review. The specific content to learn from Japan's \In the second part, the author analyzes China, the United States, Europe and Japan on the invention patent application to modify shall not be beyond the scope of the judgment of principle, that the principle of the judgment of our country and the United States vary widely, and the principles are consistent with the judgment of Europe and Japan . In the third section, \comparison and analysis of relevant provisions, and a summary. The third chapter, the typical \In this chapter, the author first analyzes the changes of invention patent applications are classified as \Then, the author of China's actual conditions and with reference to the classification of the foreign patent offices, the modified type is divided into five typical types of modifications. Modified for the five types, the author analyzes China, the United States, Europe and Japan to judge whether the changes beyond the scope of the relevant provisions of the relevant provisions of China, the author's point of view. Chapter IV, improve and modify shall not be beyond the scope of the legal system recommendations. First, the author analyzes the reasons for the modification shall not beyond the scope of the judgment of the principles of a variety of problems in application. According to these reasons, the author proposed Rules for the Implementation of the Patent Law \To modify the \The conclusion section reviews the main content of this paper summarizes the author's views and suggestions.

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